COLVILLE CONFEDERATED TRIBES (2022)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

August 4, 2022

Resolution Index

Condensed by, Kelli Tonasket, Executive Office Assistant

Present:

Jarred-Michael Erickson, Jack Ferguson, Cindy Marchand, Karen Condon, Dustin

Best, Shar Zacherle, Roger Finley, Alison Boyd-Ball, Joseph Somday, Virgil “Smoker”

Marchand, Cody Peone, Andrew Joseph Jr., Tyler Zacherle-Boyd

Delegation/Leave:

Norma Sanchez

Resolution No.

2022-459.tg

10-Signature

2022-460.e&e.m&b.cdc

10- Signature

Condensed Recommendation Information

Colville Business

Council Vote Tally

Approve the signing authority of the Colville Business

Council. Line of succession as follows: Chairman JarredMichael Erickson, Vice-Chairman Jack Ferguson, Secretary

Cindy Marchand, and Executive Committee Member Karen

Condon. In the event that all of the above mentioned members

are absent or unavailable, a Councilperson present on the day

in question shall be authorized to sign as long as he/she agrees

to assume such authority. Chairman or designee to sign all

pertinent documents

10 FOR (AB, NS, TZB, AJ,

DB, VSM, RF, SZ, CP, JS)

Approve the FY 2022 CCT ECE/HS Tribal Budget

Modification. Chairman or designee to sign all pertinent

documents.

0 AGAINST

0 ABSTAINED

Rationale: Needed for

continuing of day to day

business, i.e. Chairman

Signature files, Travel

Delegation, authorizing

signature of Resolutions.

11 FOR (CP, SZ, CM, AJ,

AB, TZB, KC, DB, JME,

JS, NS)

0 AGAINST

0 ABSTAINED

2022-461.nrc

10-Signature

Approve the attached contract with Ruby Canyon

Environmental, which will perform GHG assessment,

certification, validation, and verification services for the

Colville Reservations Improved Forest Management Carbon

Project in response to the 2021 Colville Reservation fires.

Total contract price will be $53,100.00.

This agreement does not waive, limit, or modify the inherent

sovereign immunity of the Confederated tribes of the Colville

Reservation except as specifically provided in the attached

Agreement. Solely for the purpose of adjudicating any dispute,

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 1 of 8

Rationale: Ordering of

Bus, completion of flooring

project, and ordering of

supplies.

10 FOR (JS, NS, KC, SZ,

CM, JME, TZB, VSM, RF,

JF)

0 AGAINST

0 ABSTAINED

Rationale: Timelines,

Currently there are not

scheduled NR committee

meetings until August.

2022-462.nrc

10-Signature

2022-463.fish

10-Signature

claim, or controversy arising out of or relating to this

Agreement or the breach, termination, enforcement,

interpretation, or validity thereof, the Confederated Tribes of

the Colville Reservation agrees to an express limited waiver of

sovereign immunity only as to the subject matter of this

Agreement and only as to Ruby Canyon Environmental. This

waiver does not extend to any other Agreement between the

Parties or any other individuals or entities.

Chairperson or designee has the authority to sign all pertinent

documents.

Allow the CTCR F&W Department to submit the FY22 BIA

TFW Supplemental funding request for the amount of

$102,752.00. The Chairman or designee is authorized to sign

all pertinent documents.

Authorize the Chairman to sign and submit the attached

comment letter regarding BPA's BP-24 Integrated Program

Review.

10 FOR (JS, SM, JME, SZ,

AB, NS, DB, JF, RF, TZB)

0 AGAINST

0 ABSTAINED

Rationale: Timelines.

10 FOR (CM, NS, JME,

CP, DB, AB, SZ, JS, RF,

TZB)

0 AGAINST

0 ABSTAINED

2022-464.m&b

10-Signature

2022-465.nrc

10-Signature

Approve the $456,440.00 costs for Apollo Mechanical

Contractors to disassemble, remove, and install a new Cooling

Tower at the Lucy Covington Government Center. The funds

are allocated through the Colville Confederated Tribes

Government Center budget six (6). Chairman or designee to

sign all pertinent documents.

Support the completion of the EIS for Grizzlies in the North

Cascades and Grizzly recovery in that area.

Rationale: Timelines

Comment Period Ends

Monday 07/25/2022.

10 FOR (NS, CP, JME, AJ,

JS, TZB, KC, AB, CM, JF)

1 AGAINST (DB)

0 ABSTAINED

Rationale: Timeline

constraints.

10 FOR (JS, SZ, CM, JME,

NS, TZB, KC, DB, AB, RF)

0 AGAINST

0 ABSTAINED

2022-466.fish

10-Signature

Authorize the Chairman to sign and submit the attached letter

regarding Colville Tribes' access to additional salmon surplus

from USFWS-operated hatcheries in the Columbia River

basin.

Rationale: The letter is

time sensitive. (Natural

Resource Committee does

not happen until August 2,

2022.

10 FOR (CM, JME, NS,

AB, JF, JS, TZB, SZ, DB,

CP)

0 AGAINST

0 ABSTAINED

Rationale: Timelines.

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 2 of 8

2022-467.hhs

2022-468.hhs

The Confederated Tribes of the Colville Reservation attest to

meeting compliance with Section 6032 of the Federal Deficit

Reduction Act. The Tribes have established written policies to

include detailed information about the False Claims Act,

including reference to the Washington State False Claims Act

and policies regarding handling and protection of

whistleblowers with policies and procedures for training all

Health Care Component staff about the FCA and

whistleblower protection provisions.

To adopt a HIPAA Hybrid Entity Designation. The Health

Insurance Portability and Accountability Act of 1996, Public

Law 104-191, as amended, and regulations at 45 C.F.R. Parts

160 and 164.105(a)(2)(iii)(D). Under HIPAA, an organization

with both HIPAA-covered and non-covered functions may

elect to be a hybrid entity. The Tribes as a single legal

authority and a Covered Entity designates itself to be a HIPAA

Hybrid Entity. Each identified Covered Health Care

Component and Function must adhere to governing privacy

regulations listed in the Healthcare Compliance Policy

Manual. Health Care Covered Components with Covered

Functions are listed below.

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

COVERED COMPONENT/PROGRAM

COVERED FUNCTION

Healthcare Compliance Program All HCC staff who process or access PHI

Office of Reservation Attorney All ORA staff who process or access PHI

HHS Department

All HHS staff who process or access PHI

Public Safety

All staff who process or access PHI

Accounting Department

All staff who process or access PHI

CCT Business Council Business Council who process or have access to PHI

BUSINESS ASSOCIATES

COVERED COMPONENT

Lake Roosevelt Community Health Centers Integrated Health Partners who

process or have access to PHI

Indian Health Service

access to PHI

Contracted Vendor

PHI

2022-469.m&b

Integrated Health Partners who process or have

All vendors and Agents who process or have access to

Approve the PND supplement Agreement #2 which is only a

revision of the scope of work. Chair or designee authorized to

sign all pertinent documents.

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

2022-470.m&b

Approve the attached Non-Disclosure Agreement between the

Confederated Tribes of the Colville Reservation and Breaking

Point Solutions, LLC. NDA to cover information sharing of all

broadband infrastructure that is available for mapping

purposes. Chair or designee to sign all relevant documentation.

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 3 of 8

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

2022-471.m&b

2022-472.m&b

2022-473.m&b

2022-474.m&b.hhs

2022-475.m&b

2022-476.m&b

2022-477.m&b.nrc

Approve the purchase of three (3) Zoll Defibrillators by the

EMS, Fire & Rescue program utilizing the I.H.S. 663120

funding. No Tribal dollars required. Chairman or designee

authorized to sign all pertinent documents.

Approve the purchase of five (5) Zoll Auto Pulse systems by

the EMS, Fire & Rescue program utilizing the I.H.S. 663120

funding. No Tribal dollars required. Chairman or designee

authorized to sign all pertinent documents.

Approve the purchase of five (5) Stryker MTS Power Load

Systems by the EMS, Fire & Rescue program utilizing the

I.H.S. 663120 funding. No Tribal dollars required. Chairman

or designee authorized to sign all pertinent documents.

Approve the attached budget modification and Contract

Change Order to add $209,007.00 to Nursing Agency line item

from the nursing salaries and fringe line items. This is to

adequately staff this 44-bed Skilled Nursing facility to meet all

State, Federal, and local regulations and guidelines. This

company is providing the Convalescent Center with our RN

and LPN staffing needs.

Approval of Environmental Assessment (EA) for leasing and

development of T-5653; 36 Acres of trust property. After

completion of the EA, the determination for this project is a

"Finding of No Significant Impact." CIHA will publish a

NOI/RROF and prepare documentation for approval by the

Tribal Chairman to obtain "Authority to Use Grant Funds"

(HUD 7015.16) in accordance with Part 58.43 and 58.45

before committing or drawing down any funds. Chairman or

designee is authorized to sign pertinent documents. No Tribal

dollars.

Approve $131,750.00, which is half of the estimated costs for

repairs and improvements of the Keller rodeo grounds. The

other half of the project will be paid for out of Keller Quam

Qwmpt' funds. Chairman or designee to sign all pertinent

documents. Funds to be from the general fund.

Approve the establishment of the Rights of Way Work Group

to work collectively in the best interest of the Colville Tribes

pertaining to the Rights of Way related to transmission,

distribution, electricity, water/sewer, roads, and other

applicable property proposed and/or located on tribal lands.

The work group shall include Bureau of Indian Affairs

Superintendent, Colville Tribes Executive Director, Real

Estate Services, Land Titles and Records staff, Office of

Reservation Attorney, Bigfoot Communications,

Colville/Cedar Fund, Colville Tribes Planning Department,

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 4 of 8

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

2022-478.cdc.m&b

Colville Tribes Environmental Trust Department, Colville

Tribes Department of Transportation and Colville Tribes

History & Archeology. Colville Business Council reserves the

right to be involved in the work group meetings and can have

the ability to provide feedback and guidance. The work group

shall bring options and recommendations to the CBC regarding

knowledge, trespasses, and information in Rights of Way.

Chairman or designee has authority to sign all pertinent

documents

Authorize Colville tribal staff to proceed with State of

Washington Capital Budget #1 request of the Nespelem

Longhouse. Chair or designee to sign all pertinent documents

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

2022-479.cdc

2022-480.cdc

2022-481.cdc

2022-482.cdc

2022-483.cdc

Appoint Billy Nicholson to Bigfoot Communications, LLC

Board of Managers to serve a 3-year term. If 3 years lapse

before replacement they shall continue to serve until

replacement has been selected. In the event Billy Nicholson,

declines the appointment or does not clear the background, the

position will remain open until filled. Chairman or designee to

sign all related documents.

Appoint Russell Elliott to Bigfoot Communications, LLC

Board of Managers to serve a 3-year term. If 3 years lapse

before replacement they shall continue to serve until

replacement has been selected. In the event Russell Elliott,

declines the appointment or does not clear the background, the

position will remain open until filled. Chairman or designee to

sign all related documents.

Appoint Ernie Rasmussen to Bigfoot Communications, LLC

Board of Managers to serve a 3-year term. If 3 years lapse

before replacement they shall continue to serve until

replacement has been selected. In the event Ernie Rasmussen,

declines the appointment or does not clear the background, the

position will remain open until filled. Chairman or designee to

sign all related documents

Appoint Tiffany Circle to Bigfoot Communications, LLC

Board of Managers to serve a 3-year term. If 3 years lapse

before replacement they shall continue to serve until

replacement has been selected. In the event Tiffany Circle,

declines the appointment or does not clear the background, the

position will remain open until filled. Chairman or designee to

sign all related documents.

Appoint Sharayah Lane to Bigfoot Communications, LLC

Board of Managers to serve a 3-year term. If 3 years lapse

before replacement they shall continue to serve until

replacement has been selected. In the event Sharayah Lane,

declines the appointment or does not clear the background, the

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 5 of 8

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

2022-484.cdc.tg

2022-485.tg

position will remain open until filled. Chairman or designee to

sign all related documents.

Support the joint application for the State Small Business

Credit Initiative (SSBCI) U.S. Treasury with ANTI-EDC for

$2,118,696.00. The joint application is to support tribal small

businesses located near reservation land through a loan

guarantee program and loan participation program. Chairman

or designee to sign all relevant documents.

Approve the attached Municipal Services Cooperation

Agreement with the City of Pasco. Chairman or designee to

sign all pertinent documents

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

2022-486.tg

Accept the Colville Tribal Relinquishment request of JANE

AMELIA ANN CAMPBELL.

In accordance with Sec. 8-1-320, 8-1-321, 8-3-322 of Title 8Colville Membership Code, this relinquishment is effective

immediately upon full Tribal Business Council approval.

2022-487.tg

2022-488.tg

Also, in accordance with Sec. 8-1-324, JANE AMELIA ANN

CAMPBELL shall hereafter be prohibited from future

membership with the Confederated Tribes of the Colville

Reservation. She/he wishes to relinquish to the SPOKANE

TRIBE

Approve the amendments for Chapter 8-1, Membership,

amending the code to authorize the Chief Enrollment Officer

to bring blood correction cases to the Enrollment/Tribal

Government Committee when there is clear and convincing

evidence that a blood correction is necessary. Process utilizing

CBC Procedural Rule 3(b), (e), and (g) were followed.

Comments from the Omak District Meeting were submitted on

June 9, 2022 and attached to this document. Once approved, a

copy shall be forwarded to the Code Reviser for certification

and distribution.

To adopt MICHAEL DANIEL LAZARD as applicant meets

the membership provisions of Section 8-1-160 of the

Enrollment Ordinance

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

7 FOR (CM, TZB, CP,

VSM, RF, JS, JF)

5 AGAINST (KC, AB, DB,

SZ, AJ)

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

2022-489.tg

To adopt SERENITY LAZARD PRESCOTT as applicant

meets the membership provisions of Section 8-1-160 of the

Enrollment Ordinance.

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

2022-490.nrc

Approve Contract Change Order #1 for the Ruby Canyon

Environmental Carbon Project Verification. Change order is

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 6 of 8

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

2022-491.fish

2022-492.fish

requested by the contractor for an increase in number of

persons (3 to 4) needed for site verification measurements.

This change was requested by Natural Resources and Finite

Carbon to ensure that the site visit was completed on schedule.

This addition resulted in additional travel expenses that were

not included in the original cost estimate. Contract Change

order is for an increase of $8,047.01 for a total contract amount

of $80,497.01. Chairperson or designee has the authority to

sign all pertinent documents.

Approve the Letter of Support for an application submitted to

the NOAA Fish Passage Grant by Trout Unlimited and the

Confederated Tribes of the Colville Reservation directed to

conduct a feasibility study to remove Enloe Dam. Request the

Chairman of the Colville Business Council to sign the letter of

support to be included in the Grant application.

Authorize the Chairman or designee to sign the Supplemental

Environmental Project letter and all pertinent documents. No

Tribal dollars associated.

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

2022-493.cul.l&j

2022-494.cul.m&b

Approve amendments for Chapter 6-6 Research Regulations,

clarifying the language that the research permit requirements

do not apply to media requests. It is further recommended that

the Colville Business Council declare an emergency pursuant

to CBC Procedural Rule 3(c) due to ongoing confusion

regarding this issue. Once approved, a copy shall be forwarded

to the Code Reviser for certification and distribution.

Allow formation of History & Archeology, LLC to pursue

more opportunities in the History & Archeology field. Chair or

designee to sign all pertinent documents.

0 ABSTAINED

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

0 ABSTAINED

10 FOR (JF, CM, DB, SZ,

RF, JS, VSM, CP, AJ,

TZB)

0 AGAINST

2022-495.l&j.m&b

2022-496.l&j.m&b

2022-497.l&j

Approve the following language in lieu of any previous Tribes

policies and/or internal directives. Police patrol and dispatch

division employees will accrue 4.3 hours when working 8-hour

shifts, 5.38 hours when working 10-hour shifts, and 6.46 hours

when working 12-hour shifts. These hours will be added to the

employee's vacation accrual per pay period.

Approve the following language in lieu of any previous Tribes

policies. Employee's shall be compensated by paid overtime at

the rate of one and one half times the number of overtime

hours worked in excess of the employees regular scheduled

work shift and/or 80-hour pay period versus work week.

Approve the attached amendments to the Colville Tribal Law

and Order Code Chapter 6-20, Commercial Marijuana

Production, Processing, Retail Sales amending the code to

permit tribal member production, processing, and sales of

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 7 of 8

2 ABSTAINED (AB, KC)

10 FOR (JF, CM, DB, SZ,

RF, JS, VSM, CP, AJ,

TZB)

0 AGAINST

2 ABSTAINED (AB, KC)

9 FOR (JF, CM, SZ, RF,

JS, VSM, CP, AJ, TZB)

1 AGAINST (DB)

2 ABSTAINED (AB, KC)

12 FOR (JF, CM, KC, DB,

SZ, RF, AB, JS, VSM, CP,

AJ, TZB)

0 AGAINST

marijuana; creating the regulatory body to oversee such

activities, and making non-substantive corrections as attached.

Process utilizing CBC Procedural Rule 3(b), (e), and (g) were

followed. Once approved, a copy will be forwarded to the

Code Reviser for certification and distribution.

Special Session

August 4, 2022

Kelli Tonasket, Executive Office Assistant

Page 8 of 8

0 ABSTAINED